Bill Text: IL HB3265 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Evidence Article of the Code of Civil Procedure. Provides that "rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition.

Spectrum: Moderate Partisan Bill (Democrat 34-8)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0469 [HB3265 Detail]

Download: Illinois-2021-HB3265-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3265 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
735 ILCS 5/8-802.1 from Ch. 110, par. 8-802.1
Amends the Evidence Article of the Code of Civil Procedure. Provides that "rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 8-802.1 as follows:
(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
Sec. 8-802.1. Confidentiality of Statements Made to Rape
Crisis Personnel.
(a) Purpose. This Section is intended to protect victims
of rape from public disclosure of statements they make in
confidence to counselors of organizations established to help
them. On or after July 1, 1984, "rape" means an act of forced
sexual penetration or sexual conduct, as defined in Section
11-0.1 of the Criminal Code of 2012, including acts prohibited
under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of the Criminal Code of 1961 or the Criminal Code of 2012.
Because of the fear and stigma that often results from those
crimes, many victims hesitate to seek help even where it is
available at no cost to them. As a result they not only fail to
receive needed medical care and emergency counseling, but may
lack the psychological support necessary to report the crime
and aid police in preventing future crimes.
(b) Definitions. As used in this Act:

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(1) "Rape crisis organization" means any organization
or association the major purpose of which is providing
information, counseling, and psychological support to
victims of any or all of the crimes of aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, criminal sexual assault, sexual relations between
siblings, criminal sexual abuse and aggravated criminal
sexual abuse. "Rape crisis organization" includes, but is
not limited to, rape crisis centers certified by a
statewide sexual assault coalition.
(2) "Rape crisis counselor" means a person who is a
psychologist, social worker, employee, or volunteer in any
organization or association defined as a rape crisis
organization under this Section, who has undergone 40
hours of training and is under the control of a direct
services supervisor of a rape crisis organization.
(3) "Victim" means a person who is the subject of, or
who seeks information, counseling, or advocacy services as
a result of an aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual assault, sexual relations within families, criminal
sexual abuse, aggravated criminal sexual abuse, sexual
exploitation of a child, indecent solicitation of a child,
public indecency, exploitation of a child, promoting
juvenile prostitution as described in subdivision (a)(4)
of Section 11-14.4, or an attempt to commit any of these

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offenses.
(4) "Confidential communication" means any
communication between a victim and a rape crisis counselor
in the course of providing information, counseling, and
advocacy. The term includes all records kept by the
counselor or by the organization in the course of
providing services to an alleged victim concerning the
alleged victim and the services provided.
(c) Waiver of privilege.
(1) The confidential nature of the communication is
not waived by: the presence of a third person who further
expresses the interests of the victim at the time of the
communication; group counseling; or disclosure to a third
person with the consent of the victim when reasonably
necessary to accomplish the purpose for which the
counselor is consulted.
(2) The confidential nature of counseling records is
not waived when: the victim inspects the records; or in
the case of a minor child less than 12 years of age, a
parent or guardian whose interests are not adverse to the
minor inspects the records; or in the case of a minor
victim 12 years or older, a parent or guardian whose
interests are not adverse to the minor inspects the
records with the victim's consent, or in the case of an
adult who has a guardian of his or her person, the guardian
inspects the records with the victim's consent.

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(3) When a victim is deceased, the executor or
administrator of the victim's estate may waive the
privilege established by this Section, unless the executor
or administrator has an interest adverse to the victim.
(4) A minor victim 12 years of age or older may
knowingly waive the privilege established in this Section.
When a minor is, in the opinion of the Court, incapable of
knowingly waiving the privilege, the parent or guardian of
the minor may waive the privilege on behalf of the minor,
unless the parent or guardian has been charged with a
violent crime against the victim or otherwise has any
interest adverse to that of the minor with respect to the
waiver of the privilege.
(5) An adult victim who has a guardian of his or her
person may knowingly waive the privilege established in
this Section. When the victim is, in the opinion of the
court, incapable of knowingly waiving the privilege, the
guardian of the adult victim may waive the privilege on
behalf of the victim, unless the guardian has been charged
with a violent crime against the victim or otherwise has
any interest adverse to the victim with respect to the
privilege.
(d) Confidentiality. Except as provided in this Act, no
rape crisis counselor shall disclose any confidential
communication or be examined as a witness in any civil or
criminal proceeding as to any confidential communication

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without the written consent of the victim or a representative
of the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential
communication without the consent of the victim if failure to
disclose is likely to result in a clear, imminent risk of
serious physical injury or death of the victim or another
person. Any rape crisis counselor or rape crisis organization
participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any
liability, civil, criminal, or otherwise that might result
from the action. In any proceeding, civil or criminal, arising
out of a disclosure under this Section, the good faith of any
rape crisis counselor or rape crisis organization who
disclosed the confidential communication shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any
confidential communication in violation of this Act commits a
Class C misdemeanor.
(Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)